Illinois Constitution
Encyclopedia
The Constitution of the State of Illinois is the governing document of the state of Illinois
. There have been four Illinois Constitutions; the fourth and current version was adopted in 1970.
powers for larger municipalities and other units of local government. The current version of the Illinois Constitution was ratified by special election on December 15, 1970, and went into effect on July 1, 1971. However, some provisions, such as the change in the dates for the election of constitutional officers, did not take effect for several years.
In 1862 a constitutional convention was held, but the changes known as the "Copperhead
constitution" were not ratified by the voters. A constitutional convention was held in 1920, but in 1922 the changes were rejected by voters.
Article XIV requires that Illinois voters be asked at least every 20 years if they desire a constitutional convention
. In 1988 the measure failed 900,109 votes for and 2,727,144 against the measure. 1,069,939 other voters chose neither option. In 2008, the measure was also defeated by a wide margin, 1,493,203 votes for and 3,062,724 against from a total of 5,539,172 votes cast. 983,245 voters chose neither option.
is as follows:
Article 1 is a Bill of rights
and contains similar provisions as the United States Bill of Rights
, such as freedom of religion, freedom of speech and freedom of assembly. It also contains items not included in the United States Constitution
like section 18, which prohibits discrimination based on sex and section 19, which prohibits discrimination based on physical or mental handicaps.
Article 2, Powers of the State, describes the division of powers into executive
, legislative
and judicial
branches.
Article 3, Suffrage
and Election
s, describes voting qualifications, disqualifications and other election rules. Section 1 stipulates that a person must be 18 years old and a resident of the state for 30 days to vote. Section 4 provides that the Illinois General Assembly
establish rules for elections. Section 5 establishes rules for the state board of election, requiring that no political party have a majority on the board. Section 7 provides procedures to recall
the Governor.
Article 4, the Legislature, provides rules for the Illinois General Assembly
. Section 1 divides the assembly into two bodies, the Illinois Senate
with 59 legislative districts and the Illinois House of Representatives
with 118 representative districts. Section 2 describes the composition of the two bodies and section 3 describes legislative redistricting procedures. Section 9 describes procedures involving executive veto
s of legislation. Section 14 describes impeachment
rules.
Article 5, the Executive, describes rules for the six state elected members, Governor
, Lieutenant Governor
, Attorney General, Secretary of State
, Comptroller
, and Treasurer.
Article 6, the Judiciary, sets up rules for Supreme Court of Illinois
, the Illinois Appellate Court
, and the circuit
or trial courts of Illinois.
Article 7, Local Government, provides rules for county, township and city governments and provides them with a limited ability to pass ordnances.
Article 8, Finance, provides for financial matters including obligation of funds, budgeting, spending and audits.
Article 9, Revenue, provides rules for various forms of tax
ation and state debt.
Article 10, Education, establishes the goal of free schooling through secondary education
, high school and creates a state board of education.
Article 11, Environment, grants each person the "right to a healthful environment." It sets this as public policy and the duty of individuals to ensure a healthful environment be maintained.
Article 12, Militia, sets rules for the state militia
saying, "The State militia consists of all able-bodied persons residing in the State except those exempted by law." It establishes the Governor of Illinois as the commander in chief of the militia and grants authority to use the militia to "enforce the laws, suppress insurrection or repel invasion."
Article 13, General provisions, establishes rules for persons holding public office. Section 7 provides for public transportation, allowing the General assembly to spend money to provide it.
Article 14, Constitutional Revision, describes procedures for amending the constitution of Illinois. Section one describes rules for constitutional conventions.
(Source: Southwestern Illinois College
. Constitution study Guide. The Illinois Constitution.)
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
. There have been four Illinois Constitutions; the fourth and current version was adopted in 1970.
History
The first Illinois Constitution was adopted in 1818 when Illinois was admitted to the Union. Succeeding constitutions were ratified in 1848, 1870 and 1970. Important features of the fourth Illinois Constitution include the creation of home ruleHome rule
Home rule is the power of a constituent part of a state to exercise such of the state's powers of governance within its own administrative area that have been devolved to it by the central government....
powers for larger municipalities and other units of local government. The current version of the Illinois Constitution was ratified by special election on December 15, 1970, and went into effect on July 1, 1971. However, some provisions, such as the change in the dates for the election of constitutional officers, did not take effect for several years.
In 1862 a constitutional convention was held, but the changes known as the "Copperhead
Copperheads (politics)
The Copperheads were a vocal group of Democrats in the Northern United States who opposed the American Civil War, wanting an immediate peace settlement with the Confederates. Republicans started calling anti-war Democrats "Copperheads," likening them to the venomous snake...
constitution" were not ratified by the voters. A constitutional convention was held in 1920, but in 1922 the changes were rejected by voters.
Article XIV requires that Illinois voters be asked at least every 20 years if they desire a constitutional convention
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
. In 1988 the measure failed 900,109 votes for and 2,727,144 against the measure. 1,069,939 other voters chose neither option. In 2008, the measure was also defeated by a wide margin, 1,493,203 votes for and 3,062,724 against from a total of 5,539,172 votes cast. 983,245 voters chose neither option.
Preamble
The preamblePreamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
is as follows:
Summary
The 1970 Constitution of Illinois has a preamble and 14 articles.Article 1 is a Bill of rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
and contains similar provisions as the United States Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
, such as freedom of religion, freedom of speech and freedom of assembly. It also contains items not included in the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
like section 18, which prohibits discrimination based on sex and section 19, which prohibits discrimination based on physical or mental handicaps.
Article 2, Powers of the State, describes the division of powers into executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
, legislative
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
and judicial
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
branches.
Article 3, Suffrage
Suffrage
Suffrage, political franchise, or simply the franchise, distinct from mere voting rights, is the civil right to vote gained through the democratic process...
and Election
Election
An election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy operates since the 17th century. Elections may fill offices in the legislature, sometimes in the...
s, describes voting qualifications, disqualifications and other election rules. Section 1 stipulates that a person must be 18 years old and a resident of the state for 30 days to vote. Section 4 provides that the Illinois General Assembly
Illinois General Assembly
The Illinois General Assembly is the state legislature of the U.S. state of Illinois and comprises the Illinois House of Representatives and the Illinois Senate. The General Assembly was created by the first state constitution adopted in 1818. Illinois has 59 legislative districts, with two...
establish rules for elections. Section 5 establishes rules for the state board of election, requiring that no political party have a majority on the board. Section 7 provides procedures to recall
Recall election
A recall election is a procedure by which voters can remove an elected official from office through a direct vote before his or her term has ended...
the Governor.
Article 4, the Legislature, provides rules for the Illinois General Assembly
Illinois General Assembly
The Illinois General Assembly is the state legislature of the U.S. state of Illinois and comprises the Illinois House of Representatives and the Illinois Senate. The General Assembly was created by the first state constitution adopted in 1818. Illinois has 59 legislative districts, with two...
. Section 1 divides the assembly into two bodies, the Illinois Senate
Illinois Senate
The Illinois Senate is the upper chamber of the Illinois General Assembly, the legislative branch of the government of the state of Illinois in the United States. The body was created by the first state constitution adopted in 1818. The Illinois Senate is made up of 59 senators elected from...
with 59 legislative districts and the Illinois House of Representatives
Illinois House of Representatives
The Illinois House of Representatives is the lower house of the Illinois General Assembly, the state legislature of the U.S. state of Illinois. The body was created by the first Illinois Constitution adopted in 1818. The state House of Representatives is made of 118 representatives elected from...
with 118 representative districts. Section 2 describes the composition of the two bodies and section 3 describes legislative redistricting procedures. Section 9 describes procedures involving executive veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
s of legislation. Section 14 describes impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
rules.
Article 5, the Executive, describes rules for the six state elected members, Governor
Governor of Illinois
The Governor of Illinois is the chief executive of the State of Illinois and the various agencies and departments over which the officer has jurisdiction, as prescribed in the state constitution. It is a directly elected position, votes being cast by popular suffrage of residents of the state....
, Lieutenant Governor
Lieutenant Governor of Illinois
The Lieutenant Governor of Illinois is the second highest executive of the State of Illinois. In Illinois, the lieutenant governor and governor run on a joint ticket, and are directly elected by popular vote. Candidates for lieutenant governor run separately in the primary from candidates for...
, Attorney General, Secretary of State
Secretary of State of Illinois
The Secretary of State of Illinois is one of the six elected executive state offices of the government of Illinois, and one of the 47 secretaries of states in the United States. The Illinois Secretary of State keeps the state records, laws, and archives, and is the state's vehicle registration and...
, Comptroller
Comptroller
A comptroller is a management level position responsible for supervising the quality of accounting and financial reporting of an organization.In British government, the Comptroller General or Comptroller and Auditor General is in most countries the external auditor of the budget execution of the...
, and Treasurer.
Article 6, the Judiciary, sets up rules for Supreme Court of Illinois
Supreme Court of Illinois
The Supreme Court of Illinois is the state supreme court of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the five appellate judicial districts of the state: Three justices from the First District and...
, the Illinois Appellate Court
Illinois Appellate Court
The Illinois Appellate Court is the court of first appeal for civil and criminal cases arising in the Illinois Circuit Courts. Three Illinois Appellate Court judges hear each case and the concurrence of two is necessary to render a decision. The Illinois Appellate Court will render its opinion in...
, and the circuit
Circuit court
Circuit court is the name of court systems in several common law jurisdictions.-History:King Henry II instituted the custom of having judges ride around the countryside each year to hear appeals, rather than forcing everyone to bring their appeals to London...
or trial courts of Illinois.
Article 7, Local Government, provides rules for county, township and city governments and provides them with a limited ability to pass ordnances.
Article 8, Finance, provides for financial matters including obligation of funds, budgeting, spending and audits.
Article 9, Revenue, provides rules for various forms of tax
Tax
To tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...
ation and state debt.
Article 10, Education, establishes the goal of free schooling through secondary education
Secondary education
Secondary education is the stage of education following primary education. Secondary education includes the final stage of compulsory education and in many countries it is entirely compulsory. The next stage of education is usually college or university...
, high school and creates a state board of education.
Article 11, Environment, grants each person the "right to a healthful environment." It sets this as public policy and the duty of individuals to ensure a healthful environment be maintained.
Article 12, Militia, sets rules for the state militia
Militia
The term militia is commonly used today to refer to a military force composed of ordinary citizens to provide defense, emergency law enforcement, or paramilitary service, in times of emergency without being paid a regular salary or committed to a fixed term of service. It is a polyseme with...
saying, "The State militia consists of all able-bodied persons residing in the State except those exempted by law." It establishes the Governor of Illinois as the commander in chief of the militia and grants authority to use the militia to "enforce the laws, suppress insurrection or repel invasion."
Article 13, General provisions, establishes rules for persons holding public office. Section 7 provides for public transportation, allowing the General assembly to spend money to provide it.
Article 14, Constitutional Revision, describes procedures for amending the constitution of Illinois. Section one describes rules for constitutional conventions.
(Source: Southwestern Illinois College
Southwestern Illinois College
Southwestern Illinois College is the sixth largest community college in Illinois with campuses in Belleville, Granite City, and Red Bud, plus 20 off-campus sites throughout the district, including Scott Air Force Base and East St. Louis Community College Center...
. Constitution study Guide. The Illinois Constitution.)
External links
- Illinois Constitution
- Understanding the Illinois Constitution, Illinois State Bar Association.